Short answer: a little of both, but mostly trust. The lesson from Salesforce.com is that there is no SLA buried in its subscription agreement; the uptime and security commitments live on a public “trust site” instead, which shortens the contract negotiation and builds more trust than an embedded SLA ever could.
I learned something about the Salesforce.com agreement that changed how I think about SaaS and PaaS agreements and service level agreements (SLAs): there is no SLA in the Salesforce.com agreement. What Salesforce realized, and you should remember, is that you are first and foremost selling “trust.” So it spent less time negotiating an embedded SLA and instead publicized its commitments on a trust site.
What Is a Trust Site?
A trust site is a public-facing page where you post your SLA (current and historical uptime, plus whatever metrics your customers need to trust you), your security posture, and your privacy practices. The concept is simple, but making the information public takes it to another level. It is the operational, customer-facing companion to building privacy and security in from the start (see Privacy by Design).
Why Salesforce Did It.
What I heard is that Salesforce was spending far too much time negotiating its SLA, how to measure it, how to determine and apply credits, and that was unnecessarily extending the sales cycle. So it thought harder about what customers actually want to know:
- That the vendor knows when the site has a performance issue.
- That the vendor is working to resolve it.
- That there is some notification when it is resolved.
All of that can be addressed through a trust site instead of the SaaS or PaaS agreement. That is how customers actually look at it, so you should too.
What You Can Do Now.
Look at the sample trust sites below. Yours does not have to mirror Salesforce; figure out which key metrics your customers want to see. This is not hard, and if you get it right you can spend less time negotiating your agreement while building more trust. It pairs with keeping the changeable operational detail in a policy rather than the signed contract, and with the trust signals that move a buyer’s emotional side in a SaaS negotiation.
How a Trust Site Changes Your Contract.
Moving your operational commitments to a trust site does not mean your SaaS agreement goes silent on service levels. It means the contract points to the published page instead of carrying every metric itself. A few drafting moves make this work for the vendor. Reference, do not duplicate. Have the agreement reference your published uptime target and support response times rather than restating them, so when you improve the service you update one page, not every signed contract. Keep the remedy lean and exclusive. Service credits should be the customer’s sole and exclusive remedy for missed uptime, and they should be capped, because an SLA miss is a service-quality issue, not a license to reach past your liability cap. Reserve the right to change the published terms on notice, since the whole point of a trust site is that it stays current. The risk to watch is a customer trying to bolt a termination right or uncapped damages onto an SLA miss. Resist that. The trust site builds confidence precisely so you do not have to over-promise in the contract. Publish generously, commit carefully, and keep the financial exposure where it belongs, inside your negotiated cap.
Frequently Asked Questions.
Can I really leave the SLA out of my SaaS agreement? You can move the uptime metrics and remedies to a public trust site and keep the contract’s SLA section lean. Salesforce does essentially this. Decide deliberately what stays contractual (for example, service credits) versus what is published.
What goes on a trust site? Current and historical uptime, your security posture, and your privacy practices, plus a status/notification mechanism so customers see incidents and resolutions in real time.
Does a trust site really speed up deals? Often yes. Much SLA negotiation is the buyer trying to verify trust. Publishing the metrics answers that before legal review starts, so there is less to argue over.
So are you selling trust or SaaS? A little of both. Get the trust part right and the SaaS part gets easier.
Resources (sample trust sites):
Disclaimer:
This post is for informational and educational purposes only, and is not legal advice. You should hire an attorney if you need legal advice, which should be provided only after review of all relevant facts and applicable law.
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